Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Balancing—A Legal Perspective

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter discusses Principle Theory externally. The external criticism is grouped into three categories: (a) methodical consequences, (b) the implications for the separation of powers, and (c) the enforcement and nature fundamental rights. Principle Theory rests on the distinction between principles and rules and on a particular definition of principle: Principles correspond to values and can be fulfilled gradually, i. e. they do not make definite prescriptions, while rules can only be either fulfilled or not and thus have definite content. This understanding of principles and rules entails certain methodical consequences, which is discussed in the chapter. Principle Theory methodical requirements are too demanding and cannot be handled in a framework of legal reasoning that is defined by coherence, consistency, universalizability, syllogistic reasoning, and defeasibility.

Keywords: fundamental rights; legal perspective; methodical objections; principle theory



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Proportionality, Fundamental Rights and Balance of Powers — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation